Constructive dismissal
Constructive dismissal is one of the most misunderstood concepts in employment law. It does not occur because the employee feels he or she has been badly treated. It occurs when an employer acts in material breach of contract against the employee and the employee was justified in resigning by reason of the breach. Examples of the types of conduct that could give rise to a successful constructive dismissal complaint include:
- Reducing pay
- Fundamentally changing hours of work
- Fundamentally changing the nature of the work
- Removing responsibility from the employee or attempting to move the employee to a different place of work .
In general for an employer to be in material breach of contract the change(s) will have to be imposed on the employee without his or her consent and be contrary to the agreed terms of the contract.
